75-2-514. Criminal and civil penalties -- disposition of civil penalties. (1) The department may suspend, deny, or revoke the accreditation of or reprimand a person who:
     (a) fraudulently or deceptively obtains or attempts to obtain accreditation;
     (b) fails to meet the qualifications for accreditation or comply with the requirements of this part or any rule adopted by the department; or
     (c) fails to meet any applicable federal or state standard for asbestos projects.
     (2) Notwithstanding the provisions of any other law, a person who purposely or knowingly violates any provision of this part or an adopted rule or order issued pursuant to this part is guilty of a misdemeanor.
     (3) If the department determines that a violation of this part or a rule promulgated pursuant to this part has occurred, it may issue an order compelling the person receiving the order to end the violation immediately.
     (4) In addition to or instead of the remedies listed in subsections (1) through (3), an accredited person who purposely or knowingly violates this part or a rule adopted pursuant to this part that concerns the conduct of an asbestos project may be assessed a civil penalty by the district court of not more than $1,000 a day for an initial violation and $5,000 a day for each subsequent violation occurring within a 3-year period from the date of the initial violation.
     (5) A district court may assess a civil penalty of not more than $25,000 a day upon a person who engages in an asbestos project without valid accreditation or a permit. In the case of a continuing violation, each day the violation continues constitutes a separate violation.
     (6) Civil penalties collected under this part must be deposited into the account established in 75-2-508.

     History: En. Sec. 9, Ch. 581, L. 1989; amd. Sec. 2, Ch. 596, L. 1991.